1.1. “Courier” refers to Courier service Company/(ies) that have or shall partner with Studio 88 to assist them with the delivery of Orders via Door-to-Door Delivery;
1.2. “Door-to-Door Delivery” refers to the standard method of delivery of Orders, on offer to the online Shoppers, where the Order/(s) are delivered at an address specified by the Online Shopper at check-out;
1.3. "Door-to-Door Return" refers to the standard method of returning Product/(s), on offer to the
Online Shopper, where the Product/(s) can be collected at an address specified by the Online Shopper in the return
request and/or confirmed by Studio 88;
1.4. "In-Store Returns" ” refers to the standard method of returning Product/(s), on offer to the Online Shopper, where the Product/(s) can be returned at a Studio 88 Store, as selected by the Online Shopper in your return request and/or confirmed by Studio 88;
1.5. "My Account" refers to the online profile to be created by all Online Shoppers in order to enable them to place Orders on the Studio 88 Online Store;
1.6. "Online Shoppers" refers to our customers who access, browse and/or buy Products from us on the Studio 88 Website;
1.7. "Online Shopping Terms" refers to the terms and conditions contained in this document, relating to the use and access of the Studio 88 Website;
1.8. "Order/(s)" refers to any order/(s) placed by Online Shoppers on the Studio 88 Online Store, for Product/(s);
1.9. "Product/s" refers to any product/(s) or good/(s) offered for sale on the Studio 88 Online Store;
1.10. "South Africa" refers to the Republic of South Africa;
1.11. "Studio 88" , "we" , "us" and "our" refers to Blue Falcon 188 Trading (Pty) Ltd t/a Studio 88;
1.12. "Studio 88 Store/(s)/" refers to anyone of the Studio 88 retail stores located nationwide listed on the Studio 88 Online Store,
1.14. "Third Party Provider" refers to any one of the companies that provide 3rd party support and services to Studio 88
1.15. "You" refers to you, being an Online Shopper;
2.1. These Online Shopping Terms are the general terms and conditions that apply to all Online Shoppers whenever they wish to access, browse and/or purchase Products from, the Studio 88 Website. The Online Shopping Terms therefore contain the general terms and conditions relating to the access to, and use of, the Studio 88 Website, as well and the terms and conditions relating to payment, delivery and/or returns of all orders placed on the Studio 88 Website.
2.2. These Online Shopping Terms apply to Online Shoppers who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA" ).
2.3. These Online Shopping Terms are important and should be carefully noted. If there is any provision in these Online Shopping Terms that you do not understand, it is your responsibility to ask Studio 88 to explain it to you before you accept the Online Shopping Terms or continue to use the Studio 88 Website.
2.4. Nothing in these Online Shopping Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Studio 88 in terms of the CPA.
2.5. Studio 88 permits the use of the Studio 88 Website subject to the Online Shopping Terms. By using the Studio 88 Website in any way, you shall be deemed to have accepted all the terms and conditions contained in these Online Shopping Terms, unconditionally. You must not use the Studio 88 Website if you do not agree to these Online Shopping Terms.
3.1. When you purchase Products from us on the Studio 88 Website, you agree and accept to be bound by all of our terms and conditions, as contained in these Online Shopping Terms. You also agree that Studio 88 and its Third-Party Providers may send communication and/or invoices to you electronically.
4. YOUR ONLINE PROFILE
4.1. Before you can place an Order on the Studio 88 Online Shop, you are required to register on the Studio 88 Website by creating a private account/personal (“My Account”). This is done by selecting the “My Account” tab on the Studio 88 Website’s homepage, where you will be directed to a page where you will be given the option to create your My Account. You will be required to provide your personal information and to choose a username and password (“your credentials”). Each and every time you wish to access the Studio 88 Online Store, you will be required to log onto your My account by inserting your credentials when prompted to do so. It is your responsibility to keep your credentials private and secure and to not share them with anyone. Only authorised Online Shoppers may access their own private My Account, using their out private and personal credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your My Account.
5. PRODUCTS AND PRICING
5.1. All the Products displayed and/or offered for sale on the Studio 88 Online Store are subject to availability. We will endeavour, as far as is reasonably possible, to ensure that the availability of our Products is accurately displayed on the Studio 88 Online Store, however we rely on the information provided to us by our suppliers regarding the availability and information of Product s. If product is out of stock online and not be available online for Sale, they will be marked as ‘In Store’ only. We will not be liable for any loss or damages of whatsoever nature and howsoever arising, as a result of Orders being placed for Products that are out of stock or not immediately available for delivery. Please contact our Customer Services if you have any stock-related queries.
5.2. In the event that Orders are placed for Products that are no longer available for sale, or are not immediately available for delivery, we will endeavour to notify you of same, as soon as reasonably possible.
5.3. All the Products offered on the Studio 88 Online Store, are only available for delivery in South Africa.
5.4. Price: The stated purchase prices for all our Products on the Studio 88 Online Store are in South African Rand, the national currency of South Africa.
5.5. Display: We will use our best efforts to display all of the Products offered on the Studio 88 Online Store accurately, specifically regarding their colour, description, availability and price. Please remember, however, that the way you see the Products is also dependent on the device that you are using to access the Studio 88 Website and we cannot guarantee that the Products you receive, will exactly resemble the image/(s) of the Products, you have viewed on the Studio 88 Online Store.
5.6. Orders: Your transaction will only be completed and you will become the owner of the goods:
5.6.1. once you have made payment of your Order in full, and same as reflected in our banking account; and
5.6.2. when you are in receipt of all of the Products which form part of the Order in question.
5.7. Once the transaction is complete, you shall assume all risk and take full responsibility for the Products.
5.8.1. We reserve the right not to process an Order and/or to cancel an existing Order (partially or completely) if an error has occurred. An Error could occur in (inter alia) one of the following events:
22.214.171.124. The price/(s) of the Products/(s) forming part of the Order having been incorrectly marked;
126.96.36.199. The description of the Product forming part of the Order having been inaccurately and/or incorrectly displayed;
188.8.131.52. the availability of the Product forming part of the Order having been inaccurately displayed.
5.8.2. We will endeavour to notify you, if and when any such errors do occur, as soon as we become aware of them. In the event that we cancel your entire Order, due to an error occurring, we will refund you the total Rand value, paid by you prior to such cancellation. In the event that we only cancel a part or portion of your Order, we will refund you the Rand value relating only to the portion of the Order that has been cancelled, and which has already been paid by you prior to such cancellation.
5.8.3. We will not be liable for any other loss or claim relating to a transaction based on any error. We are not bound by any incorrect information about Products that are on our website or that of our Third-Party service providers.
6. DELIVERY, COLLECTION AND STORAGE
6.1. We only deliver and/or arrange collection for Products purchased from the Studio 88 Online within South Africa.
6.2. We offer you the option to select one of the following methods to deliver your Order to you, nationwide:
184.108.40.206.2.1. Door-to-Door Delivery;
6.3. Door-to-Door Delivery:
6.3.1. If you wish to have your Order delivered to you via our Door-to-Door Delivery Service, you will be required to provide the full and accurate address where you would like your Order to be delivered.
6.3.2. Door-to-Door Delivery will be done between 09h00 and 17h00 on working days (Monday to Friday, excluding public holidays). Our ability to deliver is also always subject to certain factors which are out of our control, including but not limited to the availability of the Product/(s) ordered, the accuracy and reasonable accessibility of the delivery address supplied.
6.3.3. Delivery fees: If you opt for your Order/(s) to be delivered to you via our Door-to-Door Delivery service you will be provided with the following Door-to Door-Delivery options and be charged the applicable delivery fees at check-out:
220.127.116.11. Standard Door-to-Door Delivery (3 to 5 working days):
18.104.22.168.1. R80. 00 (Eighty Rand) per Order; or
22.214.171.124.2. Free of charge, if any Order exceeds R700. 00 (Seven Hundred Rand)
6.3.4. Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your Order will be communicated to you and must be paid at check-out. For queries regarding delivery, please call or email our Customer Services on +27 66 1334 095 or [email protected]
6.3.5. We make use of Couriers to deliver the Products to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the relevant Courier, its directors, employees, sub-contractors, agents or representatives.
6.4. General Delivery terms:
6.4.1. Studio 88 will only dispatch an Order for delivery once the full value/price of the Order has reflected in their banking account. We will thereafter dispatch your Order and arrange for same to be delivered to the Physical address, Studio 88 Store or Pargo Pick-Up Point that you have selected and confirmed with us at check-out.
6.4.2. We will always do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control. We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date. Once you receive this notification from us, you may elect to confirm or cancel your order. We will refund you the Rand value you have already paid for your order, if you elect to cancel your order.
Delivery and Transfer of Ownership
6.4.3. All Orders will be sealed and packaged for delivery and shall be companied by an original delivery note.
6.4.4. In the case of Door-to-Door Delivery:
126.96.36.199.1. Your Order will be delivered at the relevant delivery address, provided by you at check-out, to either you or an individual who is authorised to accept delivery of the Order, on your behalf. If you are unable to accept delivery of your Order yourself, please ensure that your authorised representative is available at the delivery address.
188.8.131.52.2. Upon delivery of your Order, we will require that you or your authorised representative sign the original delivery note and to provide your personal particulars and produce a form of identification (for example, an original ID or driver’s licence). This is to confirm that the goods have been delivered/received.
184.108.40.206.3. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You will be charged additional delivery charges if we cannot deliver your Order to you due to access problems or if you are not available when attempts are made to deliver your Order. If we are unable to deliver your Order to you after 3 (three) attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your Order, deduct the delivery charges or additional storage costs we have incurred in respect of the failed deliveries, and refund the balance due to you.
220.127.116.11.4. In the event that delivery of the Order is accepted by someone else, at the delivery address, it shall be presumed that such an individual was duly authorised by yourself, to do so on your behalf and the Order will be deemed to have been “delivered” to you, which will result in all risk in and ownership to the Products, contained in your Order, immediately transferring to you. Studio 88 shall not be responsible for any loss arising out of the unauthorised use, damage, destruction and/or theft of the Products once they have been delivered to the delivery address you have provided to us.
6.4.5. Studio 88 reserves the right to refuse any collection, in the event that you or your authorised representative have failed to comply Notwithstanding the above, Studio 88 reserves the right to accept the release of any Order, in the event that you or your authorised representative have failed to comply, but on the condition that you have at the very least produced the unique Pargo Code or Order number.
7. RETURNS AND GENERAL WARRANTIES
7.1. Standard Returns:
7.1.1. If you wish to return your Order or any Product/(s) contained in your Order for any reason whatsoever (save where the Product/(s) you wish to return are defective), you may do so on the following conditions:
18.104.22.168. the Product/(s) must be returned within 30 (Thirty) days from the date of delivery;
22.214.171.124. you must have the original signed Delivery Note that was provided to you on delivery of your Order (note: If the Product you wish to return was a gift, we will still require the original signed Delivery Note);
126.96.36.199. The Products are not one of the Products or do not fall within one of the categories of Products listed in clause 7.1.2, which are specifically excluded from being capable of return.
7.1.2. We will not accept the return, for any reason whatsoever the following Products or category of Products:
188.8.131.52. For hygiene reasons, any underwear, swimwear etc;
184.108.40.206. Products that for reasons of public health do not allow their return;
220.127.116.11. Products that were marked down/discounted at the time you your Order was confirmed and paid for;
18.104.22.168. Products that are not in their original condition and packaging; and/or
22.214.171.124. The Products that have been taken apart, altered, damaged and/or permanently installed, attached or joined to other goods or immovable property at the delivery address or elsewhere.
7.1.3. If you wish to return a Product/(s), and the products qualify to be returned on the terms and conditions set out in clause 7.1.1, you will need to do the following:
126.96.36.199. Contact Customer Services at +27 66 1334 095 or [email protected] to lodge a return;
188.8.131.52. You will be required to provide the following information to the Customer Support agent:
184.108.40.206.1. Your unique Order number relating to the Product/(s) you wish to return;
220.127.116.11.2. the reasons for which you wish to return the Product/(s);
18.104.22.168.3. The method that you wish to return the Products. Please see clause 7.1.4 herein below for the standard return options that are available to you;
22.214.171.124.4. in the event that you elect Door-to-Door Return: the physical address where and, date and time on which, it is convenient for you to have the Product/(s) collected by us;
126.96.36.199.5. Once you have submitted your request to return the Product/(s), we will send you confirmation that your return request has been received and processed, and confirm the method of return, address and/or location of your return as well as, the date of collection and/or drop off of your return.
7.1.4. Standard Methods of Return:
188.8.131.52. Door-to Door Return:
184.108.40.206.1. Your return will be collected by a Courier Service at the address provided to us, in your request for a return;
220.127.116.11.2. You will be required to provide the Courier Service with the Product/(s) you wish to return, in their original packaging, as well as the Original signed Delivery Note;
18.104.22.168.3. You will receive one free Door-to-Door Return per Order, only, Thereafter, you will be charged the delivery charges set out in clause 6.3.3 hereinabove;
22.214.171.124.4. If we are unable to collect your return after 3 (three) attempts have been made to do so, or should we deem it appropriate under the circumstances, we reserve the right to reject your return and charge you any charges/costs we have incurred in respect of the failed collections of your returns;
126.96.36.199.5. we reserve the right to refuse or for the Courier to refuse on our behalf, to collect any Product/(s) that you wish to return that we believe do not qualify for return;
188.8.131.52. Once we are in receipt of your return, we will assess whether the Product/(s) qualify for return, in terms hereof.
184.108.40.206. If we determine after our assessment that the Product/(s) to qualify for return, we will issue you with a refund of the full purchase price paid for the Product/(s) less any fee/(s) and/or charges that you are liable for in terms hereof, using the same payment method you used to pay for the Product/(s);
220.127.116.11. If we determine that the Product/(s) do not qualify for return in terms hereof, we will not accept return of your Product/(s) and will notify you accordingly and we will charge you for all charges incurred by Studio 88 in having the Product/(s) returned to you.
18.104.22.168. We do not to exchanges on any returns, unless the product is incorrect and/or defective in terms of clause 7.2 hereinbelow.
7.2. Returns on Defective Products and/or Incorrect Products:
7.2.1. Should we accidentally deliver the wrong Products to you, or if the Products and/or the Products are Defective, in that they are broken, damaged, missing parts and/or incapable of being used for their designated purpose, you may return the Product/(s) to us within 6 (six) months from the date of purchase of your Order, provided that the Products have been used for their intended purpose and they have been cared for according to any instructions that accompanied the goods.
7.2.2. In the event that you reasonable believe that the Product/(s) delivered to you are incorrect/defective in terms of clause 7.2.1:
22.214.171.124. Please do not remove any of the stickers or labels, or remove the Product/(s)s from its original packaging; and
126.96.36.199. Notify us as immediately via the Customer Services contact number or email, by following the same procedure as is set out in clause 7.1.3;
188.8.131.52. Once we have received your request to return the incorrect or defective Product/(s), we will collect the alleged incorrect/defective Products from you at no fee/charge;
184.108.40.206. Once we are in receipt of the alleged incorrect/defective Product/(s), we will then access the Products and determine if they are in fact incorrect and/or defective;
220.127.116.11. If we determine in our assessment that the Products are incorrect defective, we will confirm you’re your return has been accepted, due to them being defective/incorrect, and we will give you the option to either get issued with a refund for the full amount that you paid for the product/(s) being returned, using the same method of payment originally used to pay for the Product/(s), or that we send you the correct Product; and
18.104.22.168. If we discover in our assessment that you have not adhered to the use and care instructions of the Product/(s), or that the Product/(s) are not defective or not affected by quality issues or incorrect, we will refuse to refund you or accept return of the Products.
7.3. For returns of Products purchased from any of our third-party providers, please note that the specific third-party provider’s terms and conditions will apply, so please refer to their website or contact our Customer Services at +27 66 1334 095 or [email protected] for more information.
7.4. In the event that you return goods, it will take up to 10 working days to process a refund and for it to reflect on your account.
8.1. We take all reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. Transacting with us electronically (including transacting and using your credit card on our website) is safe and secure.
8.2. If you are paying via debit or credit card, we will place a holding reserve of funds for the total cost of your Order. Final payment will only be processed on the finalisation of your Order and prior to delivery. If your Order is delivered in more than one batch, we will take full payment at the first shipment. We will also take full payment immediately if the delivery date is 14 days or more into the future (e.g. if you are buying gift registry items). When you submit your Order, you warrant that you are authorised to use the card and that there are sufficient funds to pay for the Order. You consent to our use of the services of reputable and secure third-party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.
8.3. The terms regulating payment and the security relating to all payments made on the Studio 88 Website are contained in the “Payment and Security Policy”, which are accessible on the Studio88 Website and the terms of which are by way of reference specifically incorporated herein.
9.1. Studio 88 is entitled to amend these Online Shopping Terms, at our sole discretion, from time to time. We will notify you of changes to these terms on the Studio-88 Website.
9.2.1. The use of the Studio 88 Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Studio 88 Website or reliance on any information on the Studio 88 Website.
9.2.2. Whilst Studio 88 takes reasonable measures to ensure that the content on the Studio 88 Website is accurate and complete, Studio 88 makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Studio 88 Website or as to the accuracy, completeness or reliability of any information on the Studio 88 Website.
9.2.3. Studio 88 disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Studio 88 Website and/or any content therein unless otherwise provided by law.
9.2.4. Although the Products offered/sold from the Studio 88 Website may, under certain specifically defined circumstances, be under warranty, the Studio 88 Website and all information provided on the Studio 88 Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
9.2.5. Any views or statements made or expressed on the studio 88 Website are not necessarily the views of Studio 88, its directors, employees and/or agents.
9.2.6. In addition to the disclaimers contained elsewhere in these Online Shopping Terms, Studio 88 also makes no warranty or representation, whether express or implied, that the information or files available on the Studio 88 Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Studio 88, its employees, agents or authorised representatives. Studio 88 thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
9.3. Limitation of liability
9.3.1. Studio 88 cannot be held liable for any inaccurate information published on the Studio 88 Website and/or any incorrect prices displayed on the Studio 88 Website, save where such liability arises from the gross negligence or wilful misconduct of Studio 88, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to: [email protected] or by contacting +27 66 1334 095.
9.3.3. You hereby indemnify Studio 88 against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Studio 88 Website and/or any linked third-party website.
9.4. Electronic communications
9.5. Data Protection
9.6. Governing Law and Jurisdiction
9.6.1. The Studio 88 Website is hosted, controlled and operated from the Republic of South Africa and therefore, governed by the laws of South African. You hereby confirm and consent to the jurisdiction of the South African courts in respect of the instituting of any litigation arising out of or in relation to these Online Shopping Terms, and/or your use of the Studio 88 Website.
9.7.1. For the purposes of the ECT Act, Studio 88’s details are as follows, which should be read in conjunction with its product descriptions and the online Shopping Terms as contained on the Studio 88 Website:
22.214.171.124. Full name: Blue Falcon 188 Trading (Pty) Ltd, a private company registered in South Africa with registration number 2012/034644/07;
126.96.36.199. Main business: Fashion Retailer;
188.8.131.52. Physical address for receipt of legal service (also postal and street address): 30 O’ Connor Place, Aeroton Business Park, Aeroton, Johannesburg 2013 (marked for attention: CEO and Legal);
184.108.40.206. Office bearers: Neil De Jager, Bruce Binnie, Wiets Wiehahn and Laurence Wernars;